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HomeMy WebLinkAboutBy-law 1544/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER .~544/$2 Being a Restricted Area By-law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lots 27 and 28, Range 3, Broken Front Concession, in the Town of Pickering. WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the establishment of a hotel with ancillary office and commercial facilities in addition to restricted light industrial uses on the subject lands, being part of Lots 27 and 28, Range 3, Broken Front Concession; AND WHEREAS an amendment to By-law 3036, as amended is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in part of Lots 27 and 28, Range 3, Broken Front Concession, Picketing, designated "SC-3" on Schedule "I" attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law: (1) "Automobile Service Station" shall mean a gasoline ~etail outlet which also contains facilities for the repair and maintenance of vehicles on the premises, and in which vehicle accessories are sold and vehic]e maintenance and repair operations are performed but shall not include a body shop as defined herein. (2) "Bod~ Shop" shall mean an establishment primarily engaged in repairing or painting vehicle bodies. continued... (3) (4) (5) (6) (7) "Business Office" shall mean a building or part of a ~ilding fn whi'ch one or more persons are employed in the management, direction or conducting of a business, a public or private agency, a brokerage or a labour or fraternal organization, and may include a financial institution, a teleDraph office, a data processing establishment, a radio or television broadcasting station and related studios or theatres but shall not include a retail store. "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership. (al "Floor Area" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey. (b) "Gross Floor Area" shall mean the aggregate of the floor areas of all storeys of a building or structure or a portion thereof, as the case may be, other than a private garage, an attic or a cellar. "Frontage" or "Lot Frontage" shall mean the width a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line. of "Hotel" shall mean any inn, public house, motel, motor court, or auto court in one building or in two or more connected buildings used mainly for the purpose of catering to the needs of the travelling public by providing sleeping accommodation of not less than 25 bedrooms and which may supply food, refreshments, entertainment or any of them. (8) (a) (b) "Manufacturin9 Plant" shall mean a building or bart of a 6'uilding {n which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article. "Light Manufacturing Plant" shall mean a manufacturing plant used for: (il the production of apparel and finished textile products other than the production of synthetic fibres; (ii) printing or duplicating; (iii) the manufacture of finished paper and allied products other than the processing of wood pulp; (iv) the production of cosmetics, drugs and other pharmaceutical supplies; or continued... (9) (lO) (11) (12) (13) (v) the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components. "Professional Office" shall mean a building or part of a buildin~ in which medical, legal or other professional service is performed or consultation given, and may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto. "Retail Store" shall mean a building where goods, wares, merchandise, substances, articles or things are stored, offered or kept for sale at retail and includes storage on or about the store premises of limited quantities of such goods, wares, merchandise, substances, articles, or things sufficient only to service such store but does not include any retail outlet otherwise classified or defined in the By-law; "Scientific, Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises. "Warehouse" shall mean a building or part of a 6uilding which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use. (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures or other uses as are specifically permitted thereon. (b) "Front Yard" shall mean a yard extending across the ful"l 'width of a lot between the front lot line of the lot and the nearest wall of the nearest main buiding or structure on the lot. continued,.. (c) (d) (e) f) g) h) i) "Front Yard Depth" shall mean the shortest horizonta~ dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot. "Rear Yard" shall mean a yard extending across ~dth of a lot between the rear lot line of the lot or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. "Rear Yard ~epth" shall mean the shortest horizon'tal Dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. "Side Yard" shall mean a yard of a lot extending fr6m the front yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on the lot. "Side Yard Width" shall mean the shortest ~orizonta~ dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot. "Flankage Side Yard" shall mean a side yard immediately adjo~'ning a street or abutting on a reserve on the opposite side of which is a street. "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) Uses Permitted ("SC-3" Zone) No person shall within the lands designated "SC-3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) automobile service station subject to the provisions of subclause (2)(g)(i) of this section (b) business offices (c) commercial clubs subject to the provisions of subclause (2)(g)(i) of this section (d) hotel subject to the provisions of subclause (2)(g)(ii) and (2)(g)(iii) of this section (e) light manufacturing plants continued.., (fl professional offices (gl retail stores subject to the provisions of subclause (2)(gl(i) of this section Ih) scientific, research or medical laboratories (il warehouses (2) Zone Requirements ("SC-3" Zone) No person shall within the lands designated "SC-3" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (al LOT AREA (minimum): (b) LOT FRONTAGE (minimum): (c) FRONT YARD DEPTH (minimum): {d) SIDE YARD WIDTH (minimum): (il interior side yard: {ii) flankage side yard: (el REAR YARD DEPTH (minimum): (fl OPEN STORAGE OR DISPLAY: 0.4 hectares 30 metres 12 metres 4.5 metres]' 12 metres 7.5 metres No open storage or display shall be permitted in any yard. (gl SPECIAL RESTRICTIONS: (i) (ii) Automobile service stations, commercial clubs, and retaiQ stores shall be permitted only when developed as an integral part of a hotel. For the hotel use and accessory commercial uses, the following parking requirements shall apply: 1 (one) parking space per bedroom, plus 3.6 spaces per 100 square metres of gross floor area devoted to accessory commercial uses, and to public use other than bedrooms. For the purpose of this By-law, public use in a hotel includes meeting rooms, conference rooms, recreational facilities, dining and lounge areas, but excludes washrooms and lobbies. (iii) (iv) For the hotel use and accessory commercial uses, Section 5.9 (Height Requirements) of By-law 3036 shall not apply. If a hotel exists on the lot, light manufacturing plants, scientific, research or medical laboratories or warehouses shall only be located east of such hotel. continued... 6. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule "I" attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 7. ENFORCEMENT Any person who contravenes any of the provisions of this By-law shall be liable upon conviction thereof to a fine not exceeding $1,000.00 for each offence, exclusive of costs, recoverable under The Provincial Offences Act. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof, subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 5t~ DAY OF July , 1982. READ A THIRD TIME AND PASSED THIS TOWN OF PICKI~RING APPROVED AS TO EORM, LEGAL DEPT. 5th DAY OF July '1982. SC'3 SCHEDULE 'I' TO BY-LAW 1544/82 PASSED THIS 5th DAY OF July 198 2 /~A~O,'~ CLERK